Omaha daily bee., 1887-06-15

bers present. The following business
was transacted:
PETITIONS AND COMMUNICATIONS.
From the Mayor Approving ordi.
nances passed at last meeting. On file.
Same--Approving the appropriation
ordinance with the exception of the item
of $3.50 for ex-Marshal Cummings as salary
for the month of May. This was vetoed
on the ground that MIR. Cummings had
not performed the Services for which the
payment was made The matter was
carried over the mayors veto, Council
men Alexander, Bedford, Burnham,
Kaspar. Kitchen and Kiersted voting to
sustain the veto.
Same-Approving contracts for paw
ing Davenport street and Twenty-fifth
avenue. On file.
Same-Appointing James Allen side.
walk inspector and Fred Hickstein as ad-
ditional meat inspector. Confirmed.
Same-Appointing William Butler as
firmed.
Same-Vetoing the ordinance provid-
ing the regulation of the police depart.
ment for the reason that in his opinion
the council exceeded its authority in pre-.
scribing the rules. The veto read: ut
was clearly the intention of the legsla-
ture in creating the board to take from
the mayor and council the powers here
tofore invested in IT for the government
of the fire and police departments and
give it to the board of fire and police
commissioners. As it is evident that the
intention of the charter to create a police
department which should be taken en-
tirely out of the field of politics, it does
| not seem reasonable that the council
should have power to create such ordi-
nances and rules as would mould the ac-
ton of the board of police and fire com.
mlssioners." The matter was laid over
until the next meeting.
The opinion of the city attorney, at.
tached to the veto, was as follows:
Hon. William j. Broatch, Mayor of the
City of Omaha.-ln response to your written
an ordinance relative to the appointment,
removal, government and discipline of the
officers and members Of the police depart
ment of the city of Omaha, and providing
that there shall be two captains of police and
| four sargeants of police and fixing their sala-
| res, and providing for increasing the num-
Der Of policemen in said city and fixing the
| policemen" l have the honor to submit the
| following considerations:
Section of the ordinance prescribes cer-
pointed as chief, captains or sargeauts of po-
| lice and as policemen. Among these Qualiti-
cations are the following: He must have re-
sided in Omaha two full years next proceed
tor. He must be under fifty years of age. etc
Section prescribes that the applicant shall
| be required to present to the board on appli-
cation setting forth certain facts as to his
signed by five reputable citizens. etc.
Section 10 prescribes what shall be grounds
| for the removal of any OF the persons from
office, to wit; "intoxlcation," "disobedlence
| Of orders" "insolent behavior" neglect of
| These provisions are all in excess of the
| authority vested In the city council by the
charter. and In support OF this opinion give
First Section l45 of the charter provides
for the creation OF a board OF fire and police
commissioners, in which board alone is
| lice and other officers OF that department.
and this board alone shall exercise this
| power.
This board is made de- Of the mayor and Of
It is an executive and at the same time q
deliberative body, majority of whom shall
| constitute quorum for the transaction Of
This board is coordinate and in some
sense an Independent branch of-the city gov
ernment The charter says:
point a chief OF police and such other officers
and policemen to the extent that funds may
be provided by the mayor and council to pay
their salaries, as may be necessary for the
city, and as may be necessary to protect citi-
good order"
From the reading of this quotation 1t will
| the power OF the board in making these ap-
| pointments-in 80 far as the mayor and coun-
Gil are concerned-is confined to tho funds to
: s Il SEs.i Ssii sGSpcaa s is
duties free from any restraining legislation
by the city council.
This board is not answerable to the city
governor may remove any Of said commits.
siOners for official misconduct and ths gov
ernot shall hll any vacancies IN the board.
For the city council to prescribe the qualiti'
pointed and to say who shall be eligible and
who shall not be eligible to appointment by
the board Is interfering with the duties, pow
such sue power does not rest in the council nm.
less 1t IL specifically granted;
second. 1t may be contended that the fol-
lowing sentence from section l45 of the char
council the power to pass the ordinance IN
"Aii the powers and duties connected with
and incident to the sppointmsnt u, tn removal
members OF the fire and police departments
of the city, under such rules and regulations
| - may be prescribed by ordinance, shall be
vested in and exercised by said board"
This provision does not require the council
10 pass anv ordinance whatever, but by i'm.
plication does say that the council may estab-
| lish rules and regulations by ordinance, but
rules and regulations concerning what?
"All powers and duties" referred to ''shall
| be vested IN the board"
How Grs the powers and duties referred TO-
to be exercised? Why under the rules and
regulations that may be established by ordi
nance. 1t is thus made clear that the rules
and regulations as may be prescribed by Ordi-
| nance relate to the manner OF the procedure
| Of the board, and not as q Limitation upon
the power or duties OF the board.
The ordinance under consideration does
not all relate to the manner In which the
board shall perform its duties or exercise its
powers but relates also to qualifications 0!
persons to be appointed by the board.
1T II be once admitted that the city council
shall prescribe one qualification for an ap
| pOintee, 1t must be admitted that the council
has power to prescribe any number OF otheI
II IT can say no man shall be appointed
chief of police unless he has resided In
Omaha two years, 1t can likeways say nc
man shall DO appointed unless he has resided
can say the applicant must presen,
petition. signed BY, five citizens
| IL ran alan IN tha hOapd vot